Conflicting Information in Your HOA? Find Out Which Governing Documents Take Precedence.

What do you do when you want to fly your American flag to celebrate Flag Day, which is your right, but that right conflicts with a rule in your governing documents?

While a community association provides homeowners with many sets of documents and it’s very important to review them all, it’s also important to know that in the event that you find information that’s not consistent, there is a way to determine which document you should actually follow.

Apart from Federal and State Law/Statutes taking precedence over any document, there is a hierarchy that you should follow when decided with rules reigns supreme.

Federal & State Laws/Statutes

Any laws and statutes passed by Federal or State authorities are above any Association’s documents. Ex: Fair Housing Act, ADA (Americans with Disability Act)

Recorded Map, Plat or Plan

A plat or map is recorded with the county before any lots are sold. These are used to establish responsibility of maintenance and location of property.

Deed Restrictions (CC&R’s)

Deed Restrictions are actually part of the owner’s deed and places limitations and expectations on land usage. Being the most powerful in a set of Association documents, they are often the most difficult to amend.

Articles of Incorporation (Certificate of Formation)

This is the document filed with the State to legally document the creation of the Association as a corporation.

Bylaws

Bylaws are established to place guidelines on the internal affairs of the Association. Issues such as board and membership meeting requirements, quorum and Association record keeping are found here.

Board Rules and Resolutions

Resolutions are formally adopted and enacted policies on aspects such as common area rules, collections procedures and covenant enforcement. Boards may only adopt rules which do not conflict with the Association’s Governing Documents and should always be reviewed by their attorney.

Keep this article bookmarked to ensure that you know where to look and what to do if you ever find conflicting information within your community association documents.